ELLUSTRIA
TERMS & CONDITIONS
These terms and conditions govern the use of the web site www.ellustria.com (“Site”).
If you do not agree to these terms and conditions or are not of the legal age for the consumption of alcohol in your country of residence, please leave this Site immediately.
The Site is owned and operated by Ellustria Limited (company number 10223743) (“we/us”).
If you wish to contact us for any reason, please e-mail: info@ellustria.com or write to us at: Ellustria Limited, 10 Northfields Prospect Business Centre, Northfields, London, SW18 1PE, United Kingdom.
Your continued use of this Site shall constitute your acceptance of these terms and conditions.
References to a particular product or service on the Site does not mean that that product or service shall be available in all countries.
Please note our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Ownership of material displayed on the Site
All material displayed on the Site is our property (or licensed to us) and protected by applicable intellectual property and other laws throughout the world.
Ellustria is a registered trade mark.
You may not make any use of any of the content of the Site (including the text, pictures and trade marks included on the Site) without our prior written consent.
Changes to these terms and conditions and to the Site
We may revise these terms and conditions at any time. You should review the terms and conditions regularly and your use of the Site after any revisions are posted will constitute your agreement to the revised terms.
We shall have the right to terminate, change or suspend any aspect of the Site, its functionality, content or availability. We may restrict or prevent your access to the Site or any part of it.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and that they comply with them.
SECTION A – TERMS OF USE
1.) Submissions to the Site
If at any time the Site permits you to post any materials or otherwise communicate with us or other users of the Site, you shall be solely responsible for the content of the material submitted and must ensure that your submissions comply with any separate submission policy.
You shall not submit any materials which: (i) you do not own or control or otherwise have authority to post; or (ii) are defamatory or otherwise breach any third party rights or law; or (iii) are in contravention of any separate submission policy.
We shall have the free of charge and unrestricted right to use and edit all material submitted by you to the Site.
While, we will not normally review any material submitted to the Site, we shall have the unrestricted right to remove any material submitted that we determine breaches any of these terms and conditions or is inappropriate.
2.) Use of the Site
You acknowledge that your use of the Site is for your own information purposes and that we shall have no liability to you should the Site (or any part of it) not be available at any time or if for any reason you shall not be able to access any part of the Site or make use of any of its functionality.
While, we shall endeavour to keep the content of the Site up-to-date, we shall have no responsibility or liability for any reliance placed by you on any material posted on the Site.
Further, we cannot guarantee that the Site is virus free and we shall have no liability to you should your use of the Site give rise to the transfer of any virus or other harmful material to the computer used by you to access the Site.
You may use the Site only for lawful purposes in the country in which you are located and you shall not use the Site:
i.) In any way that breaches any applicable local, national or international law or regulation;
ii.) In any way that is unlawful or has any unlawful purpose or effect; or
iii.) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You shall not:
i.) Access or seek to access without authority, interfere with, damage or disrupt: any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party; or
ii) Upload or seek to upload to the Site any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.) Links
The Site may offer links to other sites to which we have no connection. We are not endorsing the content of any website to which we provide a link or the accuracy of any information provided and you should review the terms and conditions of use and privacy policy of all such websites before use.
You must not establish a link from any website to any page in the Site or frame the Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
SECTION B – ONLINE SHOP
These are the terms and conditions on which we supply products to you.
Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.) Ordering
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
2.) Age Restriction
We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18.
By placing an order with us you are confirming that you are over 18 and agree to an electronic age verification check to confirm this.
If we cannot verify your age using an electronic check we reserve the right to ask you for proof of age and/or decline to fulfil your order.
If our couriers are in any doubt about the age of the recipient on delivery, they may request ID, and will be unable to deliver the product if this is not produced.
3.) Our Products
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
4.) Your Rights To Make Changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 5 “Your rights to end the contract”).
5.) Our Rights To Make Changes
We may change the product:
A.) To reflect changes in relevant laws and regulatory requirements, such as changes in licensing regulations; and
B.) To implement minor adjustments and improvements. These changes will not affect your use of the product.
6.) Delivery
The costs of delivery (if any) will be displayed to you on our website.
We will deliver the products to you as soon as reasonably possible, and in any event within 5 days after the day on which we accept your order.
We are not responsible for delays outside of our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our chosen courier will leave you a note informing you of how to rearrange delivery.
If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.
The product will be your responsibility from the time we deliver it to the address you gave us. You own the product once we have received payment in full.
We may have to suspend the supply of a product to:
A.) Deal with technical problems or make minor technical changes;
B.) Update the product to reflect changes in relevant laws and regulatory requirements;
C.) Make changes to the product as requested by you or notified by us to you (see clause 5).
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product after you end the contract.
7.) Your Rights to End the Contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
A.) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 8;
B.) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8;
C.) If you have just changed your mind about the product, see clause 9. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
D.) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.
8.) Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
A.) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5);
B.) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
C.) There is a risk that supply of the products may be significantly delayed because of events outside our control;
D.) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
E.) You have a legal right to end the contract because of something we have done wrong.
You have the right to end your contract with us if what you have brought is faulty or misdescribed.
9.) Ending the contract because you have changed your mind.
You have a right to change your mind within 14 days of receiving the goods and receive a refund. If your goods are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery to change your mind about the goods.
These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
You do not have a right to change your mind in respect of sealed products which have been opened, or where products are not returned to us in a saleable condition.
10.) Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 7), you can still end the contract before it is completed, but you may have to pay us compensation.
Your contract with us is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
11.) How to End the Contract with us (including if you have changed your mind)
To end the contract with us, please let us know by doing one of the following:
A.) Phone or email. Call customer services on 0203 948 1286 or email us at store@ellustria.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
B.) By post. Print off the form at the end of these Terms and Conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us if we ask you to, by posting them back to us at Ellustria Limited, 10 Northfields Prospect Business Centre, Northfields, London, SW18 1PE.
We will pay the costs of return:
A.) If the products are faulty or misdescribed; or
B.) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
A.) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
B.) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
A.) Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11; and
B.) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
12.) Our Rights to End the Contract
We may end the contract for a product at any time by notifying you if
A.) You do not, within a reasonable time, allow us to deliver the products to you;
B.) You have ordered a product containing alcohol and you are, or we reasonably believe you to be, under the age of 18;
C.) You have ordered a product containing alcohol and you the person to whom you have asked us to deliver it is, or we reasonably believe that person is, under the age of 18; or
D.) we reasonably believe that fulfilling your order would place us in breach of any local, national or international law or regulation (such as licensing regulations).
If we end the contract due to the above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may end the contract if we decide to withdraw the relevant product. We will refund any sums you have paid in advance for products which will not be provided.
13.) If There is a Problem with a Product
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If you have any questions or complaints about the product, please contact us. You can write to us at Store@ellustria.com.
14.) Price and Payment
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to that the price of the product advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment with Visa, MasterCard, American Express and Apple Pay.
You must pay for the products before we dispatch them. We will not charge your credit or debit card until we accept your order.
SECTION C – GENERAL TERMS & CONDITIONS
1.) Liability - Use of website.
To the maximum extent permitted by law, our entire liability for breach of any express provision of Section A of these Terms & Conditions, or any terms, warranties or conditions implied in Section A by operation of law, including liability for negligence (except where such negligence results in death or personal injury) are excluded and under no circumstances shall we be liable for any consequential loss whatsoever (including damages for loss of business profits, business interruption or other indirect pecuniary loss of any kind).
You shall defend, indemnify and hold harmless us and our affiliates and licensees from and against all claims, liabilities, suits, losses, damages and expenses, including costs and reasonable professional fees relating to or resulting from: (i) any breach of the terms and conditions in Section A; (ii) your introduction onto the Site of any virus or other harmful material; (iii) your gaining unauthorised access to any server or any part of the Site; (iv) your interference with or interception of any data; and (v) any unauthorised use made by you of any material on the Site.
2.) Liability – Online Shop
We have a legal duty to supply products that conform to your contract with us. If we fail to comply with the terms of Section B of these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the terms of Section B or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum liability for losses or damages you suffer as a result of the terms of Section B is limited to the purchase price of the product(s) you purchased.
3.) Any contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer our rights and obligations under these terms to another organisation.
4.) This contract is between you and us. No other person has any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
5.) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7.) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
APPENDIX
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Ellustria Limited, Belle House, Victoria Station, Platform 1, London, SW1V 1JT
Store@ellustria.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date: